MukeshRoy Posted April 8, 2016 Report Share Posted April 8, 2016 All, Am working with Company A who is holding my H1B visa approved till May 2018. Am full time employee of Company A, and am a consultant with Company B as my Client company. Recently I have received an offer from Company C full time, and they have processed my H1B transfer in premium which has been approved as of 2 weeks back. I have resigned from Company A as of a week back. Now my client Company B see's that they need to retain me and is offering a full time with Company B., while they are asking me to stay back and work with to stay with Company A until they could process H1B transfer with Company B as petitioner., this whole process of again H1B transfer with Company B in premium might take 4 weeks from now. Now that my H1B has already been transferred to company C, am I legal to stay back with previous employer Company A until Company B would process the H1B transfer. Thanks Regards Mukesh Link to comment
pontevecchio Posted April 9, 2016 Report Share Posted April 9, 2016 Nothing gets transferred. You can certainly continue working for A though read your contract with C about penalties for leaving if any. Link to comment
adshah84 Posted April 9, 2016 Report Share Posted April 9, 2016 Yes. You can legally work work Company A until Company B apply for your H1b even when your H1b is transferred to company C. Link to comment
MukeshRoy Posted April 9, 2016 Author Report Share Posted April 9, 2016 Also to mention, as part of pre-employment process with Company C, they have already finished I-9 formalities. Company C would obviously start paying me when I start to work for them though. I just need to know if am legal to stay back with previous employer Company A, and chose to not work or join Company C until Company B would process the H1B transfer in premium. Link to comment
pontevecchio Posted April 11, 2016 Report Share Posted April 11, 2016 Yes. But READ the contract with C for any possible penalty for leaving. Link to comment
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